Who Pays for a Wrongful Death Lawsuit?
Losing a loved one in an accident is one of the most devastating events a family can experience. A wrongful death lawsuit holds the responsible parties accountable and provides a legal path for families to recover compensation for their loss.
Understanding how these lawsuits work, who can file them, and how compensation is determined can help families make informed decisions during a challenging time.
What Determines Liability and Losses in a Wrongful Death Lawsuit?
A wrongful death lawsuit arises when a victim dies due to the negligence, recklessness, or intentional actions of another party. Liability must be established by demonstrating that the at-fault party caused the death through their actions or failure to act. Additionally, the plaintiff must provide evidence of the damages suffered due to the loss.
Proving Liability
Proving liability often hinges on demonstrating negligence. To succeed, the plaintiff must show that the at-fault party owed the victim a duty of care, breached that duty, and caused the death as a direct result. For example, a driver texting while driving may be found negligent for failing to operate their vehicle safely.
In some cases, multiple parties may share responsibility. For example, a negligent truck driver may share liability with their employer for insufficient training or supervision in commercial vehicle accidents. Similarly, in medical malpractice cases, a healthcare provider and their hospital may both bear liability. A jury typically assigns a percentage of liability to each party, influencing the damages they owe.
Who Can File a Wrongful Death Lawsuit?
- Surviving Spouse
- Children (biological or adopted)
- Parents of the Deceased
Extended family members, such as siblings or grandparents, are generally not entitled to file a wrongful death claim.
Statute of Limitations
Under Texas law, wrongful death claims must be filed within two years of the victim’s death. Missing this deadline can result in losing the right to pursue compensation. Exceptions may apply in rare cases, such as if the at-fault party conceals their wrongdoing.
What Types of Compensation Are Available?
Economic Damages
- Lost Earning Capacity: Compensation for the wages the deceased would have earned.
- Funeral and Burial Costs: The expenses of laying the deceased to rest.
- Medical Expenses: Bills incurred for care provided before the victim’s death.
Non-Economic Damages
- Loss of Companionship: The emotional pain of losing a spouse, parent, or child.
- Mental Anguish: Psychological suffering endured by the surviving family members.
Survival Claims
Survival claims allow the estate to pursue damages the deceased would have been entitled to recover if they had lived, including pain and suffering before death, lost wages during hospitalization, and related medical expenses. In cases of egregious misconduct, courts may also award punitive damages to penalize the wrongdoer and deter similar actions.
How Are Wrongful Death Lawsuits Paid?
- Insurance Limits: If the damages exceed the at-fault party’s insurance coverage, the individual or business responsible may need to directly pursue the remaining settlement amount.
- Multiple Defendants: When liability is shared, each party may contribute to the payout based on their assigned percentage of fault.
- Structured Settlements: Some settlements may be paid over time rather than as a lump sum.
A wrongful death attorney can evaluate these scenarios and work to maximize your compensation through negotiations or a court judgment.
Why Hire a Wrongful Death Lawyer?
Building a Strong Case
Your attorney will gather evidence, consult experts, and establish liability to create a compelling argument for your claim.
Negotiating with Insurance Companies
Insurance companies operate as businesses. Adjusters are trained to frame discussions in ways that may harm your case. A wrongful death lawyer can shield you from these tactics and fight for a fair settlement.
Representing You in Court
If the insurance company refuses to offer a fair settlement, your attorney will represent your case in court, ensuring your rights are protected.
How Can a Texas Wrongful Death Lawyer Help?
At Francis Injury: Car & Truck Accident Lawyers, we understand the profound impact of losing a loved one. We are dedicated to helping families pursue justice and hold negligent parties accountable so you can receive compensation.
Why Choose Francis Injury for Your Wrongful Death Lawsuit?
- A History of Successful Outcomes: Our trial attorneys have recovered millions of dollars in settlements and verdicts in wrongful death cases.
- Compassionate Representation: We treat every client with care and respect, understanding their challenges.
- Comprehensive Legal Support: From filing claims to representing clients in court, we handle every aspect of the legal process.
If you’ve lost a loved one due to someone else’s negligence, contact the law firm of Francis Injury today. We offer a free consultation to discuss your case and explore your legal options.
Frequently Asked Questions About Wrongful Death
1. What is a wrongful death lawsuit?
A wrongful death lawsuit is a legal claim brought by the family or estate of a deceased person against the party responsible for their death. It seeks compensation for losses resulting from the death, such as financial support, medical expenses, and emotional suffering.
2. Who can file a wrongful death lawsuit in Texas?
In Texas, a wrongful death lawsuit can be filed by the deceased’s surviving spouse, children (biological or adopted), or parents. Siblings and grandparents generally cannot file this type of claim.
3. What damages can be recovered in a wrongful death lawsuit?
Damages may include lost earning capacity, funeral and burial expenses, medical bills, loss of companionship, mental anguish, and punitive damages in cases of egregious misconduct.
4. How long do I have to file a wrongful death lawsuit in Texas?
Under Texas law, wrongful death lawsuits must be filed within two years of the victim’s death. Exceptions may apply, such as cases involving concealed wrongdoing.
5. Can multiple parties be held responsible for a wrongful death?
Yes, multiple parties can share liability in a wrongful death lawsuit. For example, in a commercial truck accident, both the driver and the trucking company may be held accountable.
6. How is liability determined in a wrongful death lawsuit?
Liability is determined by proving that the at-fault party owed a duty of care to the deceased, breached that duty, and caused the death as a direct result of their actions or negligence.
7. What is the difference between wrongful death and survival claims?
A wrongful death claim compensates the family for their losses, while a survival claim allows the estate to recover damages the deceased could have pursued if they had survived, such as pain and suffering.
8. What is the role of insurance companies in wrongful death cases?
Insurance companies often pay damages in wrongful death cases. However, if damages exceed policy limits, the at-fault party may need to cover the difference.
9. Will my wrongful death case go to trial?
Most wrongful death cases are settled out of court. However, if a fair settlement cannot be reached, your attorney may recommend taking the case to trial.
10. How much does it cost to hire a wrongful death attorney?
Most wrongful death attorneys work on a contingency fee basis, meaning they only get paid if you win your case. The fee is typically a percentage of the settlement or judgment.
